Letter For Justice Sent TO Chief Justice Supreme Court

Dear Activists,

FBPA submitted an application to Hon'ble Chief Justice of India by Regd Post. It is registered and diaries by SCI as per communication received as under:

Your Grievance/Communication
has been successfully registered
as Diary No.15043/SCI/PIL(E)2020 .
For status, kindly logon to
http://sci.gov.in and go
to Grievance Management option
in Case Information Tab.

For your information, we forward herewith the application moved before Hon'ble CJI, pleading our helplessness to pursue the case through law officer. Further, looking to our age profile, we expressed our being not able to waite for justice long time that courts take  and therefore urged the Lordships to  take 'independent' view on the strength of facts we mentioned in application. We have no strength to present anything more, other than what's mentioned in Pension Agreement,1993, Pension Regulations, 1995 read with RBI Pension Scheme and it's revision done from 1.4.2019.

We have made the  Government of India through Ministry of Finance and all PSBs through IBA as opposite party.

We don't know the procedure that the Courts adopts, but think, SCI of India if registered our application as PLI, it may issue notices to opposite parties to submit their reply.

Progress can be monitored by Activists on given link.

(J. N. Shukla)
National Convenor,
Forum of Bank Pensioner Activists,
Prayagraj 211 004
6.3.2020
9559748834
jagat.n.shukla@gmail.com

Encl:

                                                               By REGD POST

Hon'ble Chief Justice of India
Supreme Court of India,
New Delhi

Your Lordships,

Respectfully, I beg to submit as under:

1. That, the applicant, J. N. Shukla s/o late Sri Hari Har Prasad Shukla r/o B-26, Govind our Colony, Prayag raj, 72, confined to bed, stays at Prayagraj (UP). Copy of his PAN Card and Aadhaar Card is enclosed duly self attested, as annexure A & B. ( PAN APIPS9563R/ Adhar no.2228 8448 7589).

2. That,  the applicant is a Bank Pensioner, retired from e-Dena Bank, now Bank of Baroda, on 31st July, 2008.

3. That, the applicant is not verse of rules & procedure to draft & submit writ or financially in a position to pay and hire an advocate for the purpose.

4. That, not only applicant, but lakhs of such Bank Pensioners retired from and after 1.1.1986 are health & finance wise incapable to seek justice & relief in their pension revision matter, not done any time in past by Banks. Bank  Pensioners are about 4.5 lakhs.

5. That, the applicant's pension was fixed on last pay drawn in July, 2008. It's 12th year, since never revised.

6. That, the Pension in Banking is paid in terms of Pension Agreement dated 29.10.1993 under Section 2(P) & Section 18(1) of the Industrial Dispute Act, 1947 read with Rules 58 of the Industrial Dispute (Central) Rules, 1957. On the basis of said Agreement, Banks made Pension Regulations, 1995, regulating Pension Payment. The applicant has no copies of Pension Agreement dated 29.10.1993 or Banks Regulations, 1995.

7. That, the Clause 12 of SETTLEMENT DATED 29.10.1993 OVER PENSION IN BANKS - UNDER SECTION 2(P) AND SECTION 18(1) OF THE INDUSTRIAL DISPUTES ACT OF 1947 READ WITH RULE 58 OF THE INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957, read as under:

"12. Provisions WILL BE MADE by a scheme, to BE NEGOTIATED
AND SETTLED between the parties to this settlement by 31st
December, 1993 for applicability, qualifying service , amounts of
pension , payment of pension, commutation of pension, family
pension, UPDATING and other general conditions, etc. on the lines
as are in force in RBI."

8. That, in compliance with above 'updating' term necessay provision was made in Bank Pension Regulatios, 1995 and 'updating', then due for period from 1.1.1986 to 31.10.1987, was done vide clause 35 (1)   of said regulations, 1995,  reading as under:

"35- Amount of Pension-(1) In respect of employees who retired between the 1st day of January, 1986 but before 31st Day of October, 1987, Basic Pension and additional Pension will be 'UPDATED' as per the formula given in Appendix-1"


9. That, now in Reserve Bank Pension Scheme, updating has also been done further by RBI with the concurrence of Government of India, Ministry of Finance, New Delhi. Pension of RBI employees & Officers had been revised and being paid from 1.4.2019 accordingly.

10. That, the Banks/ IBA/GOI- MOF are not inclined to revise pension of Bank Pensioners, despite updating done in RBI, to which Banks' Pension Scheme is linked. They are bent upon to deny revision to Bank Pensioners, despite due provision in Agreement, 1993/Regulations, 1995, as states in para 7, 8 above.

Prayer:

Accordingly, the applicant pray as under:

1. This letter may please be accepted as writ petition from Bank Pensioners who are not financially and otherwise capable to plead their case through law officer, before Hon'ble Supreme of India.

2. The applicant  is in such higher age, he may not survive for long and, in normal course, issues in this Hon'ble Court drag in long litigation. Applicant can't wait for such time. Therefore, applicant pray for justice by Hon'ble Supreme Court, to take suo-motto view &  grant self cognizance, just on three points, one that on Cl.12 of Agreement, as mentioned in para 7 of this application, two on para 8 containing Clause 35 of Pension Regulations, 1995 wherein updating for due period had been done, and, third RBI Pension Revision done by govt as narrated in para 10 of this application, and decide our prayer and grant our Pension Revision from 1.4.2019 as done in RBI. It will expedite justice at the earliest, may serve purpose, applicants may see a new dawn, otherwise any justice after demise of applicants shall be of no worth.

2. The Hon'ble Supreme Court may please peruse the Clause 12 of Pension Agreement dated 29.10.1993, as mentioned in para 7, Clause 35 of Pension Regulations, 1995 as mentioned in para 8 of this letter, particularly 'updating' agreed to be in line  as in force in RBI.

3. The Hon'ble Supreme Court may please order Banks/IBA/MOF to revise & update Banks Pension in line with RBI from 1.4.2019 in compliance with Cl.12 of pension agreement/ Cl. 35(1) of Pension Regulations, 1995 and any other relief that the Hon'ble court may deem fit.

Sir, whatever applicant has stated above those are true & correct to the best of his knowledge and belief and nothing is suppressed.

Pray for justice and due relief.

Applicant



(Jagat Niwas Shukla)
S/o late Hari Har Prasad Shukla
R/o: B-26, Govindpur Colony,
Prayagraj 211 004

Dates: 28.2.2020

Mob.9559748834


Opposite Parties:

1.Finance Minister,
Ministry of Finance,
Govt. of India,
North Block-A, Room No.136
New Delhi

2. The Chairman,
Indian Banks' Association
World Trade Centre Complex,
6th Floor Centre 1 Building,
World Trade Centre Complex, Cuff Parade,
Mumbai - 400005

3. All Public Sector Banks
Through: Indian Banks' Association